BHAVIK JAYESH THAKKAR,,NASHIK vs. INCOME-TAX OFFICER, WARD - 2(4),, NASHIK

Appeals of the assessee are DISMISSED

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 809/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Mr. Jayesh Vallabh Thakkar, 7, The Acit, Circle-2, Chopda Estate, Kalanagar, Vs Kendriya Rajaswa Bhavan, Nashik–422 022 Maharashtra. Gadkari Chowk, Old Agra Pan Aakpt6870D Road, Nashik. (Appellant) (Respondent) आयकर अपऩल सं. / Ita No. 810/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Mr. Bhavik Jayesh Thakkar, 7, The Ito, Ward-2 (4), Neelkanth, Behind Kalanagar, Vs Kendriya Rajaswa Bhavan, Gangapur Road, Gadkari Chowk, Old Agra Nashik–422 022 Maharashtra. Road, Nashik. Pan Agcpt7925M (Appellant) (Respondent) आयकर अपऩल सं. / Ita No. 811/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Smt. Jayshree J. Thakkar, The Ito, Ward-2 (4), 7, Chopda Estate, Kalanagar Vs Kendriya Rajaswa Bhavan, Gangapur Road, Gadkari Chowk, Old Agra Nashik–422 022 Maharashtra. Road, Nashik. Pan Aakpt6871D (Appellant) (Respondent) आयकर अपऩल सं. / Ita No. 812/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Ku. Anisha Jayesh Thakkar, The Ito, Ward-2 (4), 7, Chopda Estate, Kalanagar Vs Kendriya Rajaswa Bhavan, Nashik–422 022 Maharashtra. Gadkari Chowk, Old Agra Pan Afzpt1110Q Road, Nashik. (Appellant) (Respondent)

270/-, wherein the case was subjected to scrutiny through CASS and finally income of the assessee was determined at ₹4,51,28,650/- with an addition of ₹3,41,28,933/- on account of dislodgment of claim of exemption made u/s 10(38) of the Act holding sale of shares fictitious and further disallowance of ₹17,06,447/- towards commission

SMT. JAYSHREE JAYESH THAKKAR,,NASHIK vs. INCOME-TAX OFFICER, WARD - 2(4),, NASHIK

Appeals of the assessee are DISMISSED

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 809/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Mr. Jayesh Vallabh Thakkar, 7, The Acit, Circle-2, Chopda Estate, Kalanagar, Vs Kendriya Rajaswa Bhavan, Nashik–422 022 Maharashtra. Gadkari Chowk, Old Agra Pan Aakpt6870D Road, Nashik. (Appellant) (Respondent) आयकर अपऩल सं. / Ita No. 810/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Mr. Bhavik Jayesh Thakkar, 7, The Ito, Ward-2 (4), Neelkanth, Behind Kalanagar, Vs Kendriya Rajaswa Bhavan, Gangapur Road, Gadkari Chowk, Old Agra Nashik–422 022 Maharashtra. Road, Nashik. Pan Agcpt7925M (Appellant) (Respondent) आयकर अपऩल सं. / Ita No. 811/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Smt. Jayshree J. Thakkar, The Ito, Ward-2 (4), 7, Chopda Estate, Kalanagar Vs Kendriya Rajaswa Bhavan, Gangapur Road, Gadkari Chowk, Old Agra Nashik–422 022 Maharashtra. Road, Nashik. Pan Aakpt6871D (Appellant) (Respondent) आयकर अपऩल सं. / Ita No. 812/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Ku. Anisha Jayesh Thakkar, The Ito, Ward-2 (4), 7, Chopda Estate, Kalanagar Vs Kendriya Rajaswa Bhavan, Nashik–422 022 Maharashtra. Gadkari Chowk, Old Agra Pan Afzpt1110Q Road, Nashik. (Appellant) (Respondent)

270/-, wherein the case was subjected to scrutiny through CASS and finally income of the assessee was determined at ₹4,51,28,650/- with an addition of ₹3,41,28,933/- on account of dislodgment of claim of exemption made u/s 10(38) of the Act holding sale of shares fictitious and further disallowance of ₹17,06,447/- towards commission

KU. ANISHA J. THAKKAR,,NASHIK vs. INCOME-TAX OFFICER, WARD - 2(4),, NASHIK

Appeals of the assessee are DISMISSED

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 809/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Mr. Jayesh Vallabh Thakkar, 7, The Acit, Circle-2, Chopda Estate, Kalanagar, Vs Kendriya Rajaswa Bhavan, Nashik–422 022 Maharashtra. Gadkari Chowk, Old Agra Pan Aakpt6870D Road, Nashik. (Appellant) (Respondent) आयकर अपऩल सं. / Ita No. 810/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Mr. Bhavik Jayesh Thakkar, 7, The Ito, Ward-2 (4), Neelkanth, Behind Kalanagar, Vs Kendriya Rajaswa Bhavan, Gangapur Road, Gadkari Chowk, Old Agra Nashik–422 022 Maharashtra. Road, Nashik. Pan Agcpt7925M (Appellant) (Respondent) आयकर अपऩल सं. / Ita No. 811/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Smt. Jayshree J. Thakkar, The Ito, Ward-2 (4), 7, Chopda Estate, Kalanagar Vs Kendriya Rajaswa Bhavan, Gangapur Road, Gadkari Chowk, Old Agra Nashik–422 022 Maharashtra. Road, Nashik. Pan Aakpt6871D (Appellant) (Respondent) आयकर अपऩल सं. / Ita No. 812/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Ku. Anisha Jayesh Thakkar, The Ito, Ward-2 (4), 7, Chopda Estate, Kalanagar Vs Kendriya Rajaswa Bhavan, Nashik–422 022 Maharashtra. Gadkari Chowk, Old Agra Pan Afzpt1110Q Road, Nashik. (Appellant) (Respondent)

270/-, wherein the case was subjected to scrutiny through CASS and finally income of the assessee was determined at ₹4,51,28,650/- with an addition of ₹3,41,28,933/- on account of dislodgment of claim of exemption made u/s 10(38) of the Act holding sale of shares fictitious and further disallowance of ₹17,06,447/- towards commission

SANJAY AMRUTRAO SATAV HUF,PUNE vs. INCOME TAX OFFICER, WARD-12(4), PUNE, PUNE

In the result, the appeal filed by the assessee stands allowed

270/-. Against the said return of income, the assessment was completed by the Income Tax Officer, Ward-12(4), Pune (‘the Assessing Officer’) vide order dated 28.12.2018 passed u/s 143(3) of the Income Tax Act, 1961 (‘the Act’) at a total income of Rs.1,92,17,320/-. While doing so, the Assessing Officer brought to tax the gains arising

AKASH HARESHKUMAR JAIN,KOLHAPUR vs. DCIT CIRCLE 1, KOLHAPUR

In the result, the appeal filed by the assessee is allowed

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2018-19

capital gain / loss and has received Rs.28,39,899/- during the assessment year 2018-19, the Assessing Officer reopened the case within the meaning of section 147 read with the provisions of Explanation to said section of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). Accordingly, a notice u/s 148 of the Act was issued and served

HARESHKUMAR DUNGARMAL JAIN,KOLHAPUR vs. DCIT, CIRCLE 1, KOLHAPUR

In the result, the appeal filed by the assessee is allowed

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2018-19

capital gain / loss and has received Rs.28,39,899/- during the assessment year 2018-19, the Assessing Officer reopened the case within the meaning of section 147 read with the provisions of Explanation to said section of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). Accordingly, a notice u/s 148 of the Act was issued and served

PUNE MATHADI HAMAL AND OTHER MANUAL WORKERS BOARD,PUNE vs. INCOME TAX OFFICER, WARD-5(1), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1012/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Pune Mathadihamal & Other The Income Tax Manual Workers Board, V Officer, Shramashakti Bhavan, S Ward-5(1), Pune. Coomercial Plot No.1, Market Yard, Pune – 411037. Pan: Aaalp0097L Appellant/ Assessee Respondent /Revenue Assessee By Shri Vipul Joshi – Ar Revenue By Shri Ajay Kumar Keshari & Shri Rajesh Gawali– Dr’S Date Of Hearing 17/04/2024 Date Of Pronouncement 27/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Orders Of Ld.Commissionerof Income Tax(Appeals)[Nfac], Under Section 250 Of The Act Dated 14.07.2023 :

270/- given to the assessee. The assessee had claimed exemption u/s 11 of the Act for AY 2010-11. Similarly for A.Y.2014-15 assessment order was passed u/s 143(3), for A.Y.2015-16 assessment order passed u/s.143(3), for A.Y.2016-17 assessment order passed u/s 143(3) of the Act allowing the assessee exemption u/s 11 of the Act and assessing the Income

MUSTAFA ALIHUSAIN SUNELWALA,PUNE vs. ITO, WARD-14(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

Bench: Shri R.K. Panda & Ms. Astha Chandra

capital gain in his return for AY 2022-23. The case of the assessee was selected for scrutiny under CASS to verify the issue of high ratio of refund. Statutory notice(s) u/s 142(1) and 143(2) of the Act were issued and served upon the assessee. In response thereto, the assessee submitted part detail/documents/evidences. Subsequently, a show cause

ANIL HANUMANT CHOUDHARI,PUNE vs. INCOME TAX OFFICER WARD 8(3) PUNE, PUNE

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri R.K. Panda & Ms. Astha Chandra

270/- on payment of tax of Rs. 11,22,233/- whereas Rs. Rs. 9,58,110/- was claimed in ITR filed vide acknowledgement No. 329297250310321. (b) Again, assessee has claimed Capital gain deduction of Rs.98,88,710/- (Rs. 76,91,783/- Rs.21,96,927/-) u/s.54F on investment of another immovable property. Again, as per reply furnished on 19/02/2022, assessee

MR. GIRISH KISANDAS MEHTA,PUNE vs. ITO WARD 9 (3), PUNE

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1259/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Mr. Girish Kisandas Mehta, Vs. Ito, Ward-9(3), Pune. Mehta Niwas Bhairavnath Nagar, Kusgaon, Lonavala, Maval, Pune- 410401. Pan : Akepm3983A Appellant Respondent Assessee By : Shri Bhuvanesh Kankani Revenue By Smt. N. C. Shilpa : Date Of Hearing : 17.11.2025 Date Of Pronouncement : 29.12.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.03.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Prevailing In The Case & As Per Provisions & Scheme Of The Income-Tax Act, 1961 ('The Act') It Be Held That The Assessment Proceedings Initiated U/S 147 Of The Act Are Invalid Since The Requisite Approval/Sanction U/S 151(Ii) Of The Act Is Not Taken. Accordingly, The Assessment Proceedings So Initiated Be Kindly Annulled & Appellant Be Granted Just & Proper Relief In This Respect.

270/- & subsequently also furnished reply stating that both the property sold were agricultural land and not capital asset as per section 2(14) of the IT Act, therefore does not attract any capital gain

GAURAV RAJA PATHAK,PUNE vs. DCIT-CIRCLE1(1), PUNE

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2021-22

section 143(1)(a) the learned CPC does not have power to disallow the set-off of losses. 4. Merits of the case The appellant contends that, the learned AO ought to have granted a set-off of Rs. 35,95,270 being the remainder of the current year's capital loss u/s 112 against the long-term gains

M/S VODAFONE GLOBAL SERVICES P LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1(1),, PUNE

In the result, appeal of the assessee is partly allowed for statistical purposes

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.660/Pun/2022 Assessment Year : 2018-19

270(A) of the Act for furnishing inaccurate particulars of income.” 2.1 Assessee has raised following additional ground : “Ground No.: Final Assessment Order passed without jurisdiction and is liable to be quashed. On the facts and circumstances of the case and in law, the Jurisdictional Assessing Officer i.e. ACIT, Circle 12, Pune has erred in passing the final assessment order

M.M. PATEL PUBLIC CHARITABLE TRUST,SOLAPUR vs. PCIT- CENTRAL, PUNE, PUNE

In the result, the appeal of the assessee is partly allowed

section (3) of section 143 for any\nprevious year; or\nc) Such case has been selected in accordance with the risk\nmanagement strategy, formulated by the Board from time to\ntime, for any previous year;\nThe Principal Commissioner or Commissioner shall—\ni.\ncall for such documents or information from the trust\nor institution, or make such inquiry as he thinks

ALNESH AKIL SOMJI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

Bench: Shri R. K. Panda & Ms Astha Chandra

270 Taxman 201 (Bom). It is the prayer of the Ld. Counsel for the assessee that given an opportunity, the assessee is in a position to substantiate his case by filing the requisite details before the Assessing Officer. Considering the totality of the facts of the case and in the interest of justice, we deem it proper to restore

RAMKRISHNA CINE EXHIBITORS,PUNE vs. PNE CIRCLE 2 PUNE, PUNE

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.768/Pun/2024 Assessment Year : 2017-18 Ramkrishna Cine Exhibitors, Vs. The Assessing Officer, C/O. Mangala Multiplex, Circle-2, Pune 101, Shivajinagar, Pune 411 005 Maharashtra Pan : Aalfr4229F Appellant Respondent

270/-. Subsequently, the return was revised declaring total income of Rs.8,17,47,990/-. The case was selected for Scrutiny through Computer Assisted Scrutiny Selection (CASS). Statutory notices u/s.143(2) and 142(1) were issued to the 2 appellant. The appellant in response to show cause notice dated 23.11.2019 submitted certain details vide its letter dated 05.12.2019. Against the said

BANK OF MAHARASHTRA ,PUNE vs. ASST COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

In the result, the appeal filed by the Revenue is partly allowed for statistical purposes and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2016-17

capital in nature. 2. On the facts and the circumstances and in law, the ld. CIT(A) erred in not complying with the provisions of section 251(1)(a) of the Act and send the matter back to AO for verification on the issue of disallowance of write back of provision for restructured advance amounting to Rs.260

DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), PUNE, PUNE vs. BANK OF MAHARASHTRA, PUNE

In the result, the appeal filed by the Revenue is partly allowed for statistical purposes and the appeal filed by the assessee is partly allowed for statistical purposes

capital in nature.\n\n2. On the facts and the circumstances and in law, the ld. CIT(A) erred in not complying with the provisions of section 251(1)(a) of the Act and send the matter back to AO for verification on the issue of disallowance of write back of provision for restructured advance amounting to Rs.260

ALNESH MOHAMADAKIL SOMJI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

270 Taxman 201\n(Bom). It is the prayer of the Ld. Counsel for the assessee that given an\nopportunity, the assessee is in a position to substantiate his case by filing the\nrequisite details before the Assessing Officer. Considering the totality of the facts\nof the case and in the interest of justice, we deem it proper to restore

R&DE (ENGRS) EMPLOYEES CO-OP. CREDIT SOCIETY,PUNE vs. ITO, WARD 7(3), PUNE, PUNE

In the result, the appeal of the assessee is allowed

Bench: Shri R.K. Panda & Ms. Astha Chandra

capital, if not immediately required to be lent to the members, they cannot keep the said amount idle. If they deposit this amount in bank so as to earn interest, the said interest income is attributable to the profits and gains of the business of providing credit facilities to its members only. The society is not carrying on any separate